OIAD-3715
9 April 2024
Stephen Prendergast
[FYI request #25414 email]
Tēnā koe Stephen
Thank you for your request to the Department of Conservation, received on 16 January
2024, in which you asked for:
‘Information from 1 May 2023 by the Regulatory services unit covering the advice
provided to Penny Nelson or DOC SLT, the Minister, or MBIE regarding the issuing of
concessions to PTL /WHL for Turoa and Whakapapa ski fields’.
We have considered your request under the Of icial Information Act 1982 (OIA).
On 16 January we contacted you and sought to refine your request. This was because the
request (as previously framed) would likely have involved substantial collation and research.
On 31 January you agreed to our proposed refinement and the request was amended to:
1. Formal advice to the Minister of Conservation primarily related to the concession
process for Mt Ruapehu, since 1 May 2023.
2. Formal advice to the Director-General of Conservation primarily related to the
concession process for Mt Ruapehu, since 1 May 2023.
On 29 February we extended the timeframe to respond to your request to 5 April. This was
due to research necessary to identify all in scope information and undertake associated
consultation.
Context
After extensive review of material potentially within scope of your request we located a
limited number of Memo’s, Briefings and email chains which primarily related to formal
advice provided on the concession process for Mt Ruapehu. To account for this, we have
also provided Memo’s and Briefings which do not primarily relate to the concession process
for Mt Ruapehu however contain excerpts which concerned these processes (subject to
relevant redactions).
Page 1 of 4
As you are aware a concession application to operate the Tūroa ski-field was made by Pure
Tūroa Limited in December 2023. The Minister of Conservation, Tama Potaka, is the decision
maker for this application. A decision on the application has now been made and the decision
report document wil be posted on the DOC website.
Your request and our responses are listed below:
1. Formal advice to the Minister of Conservation primarily related to the concession
process for Mt Ruapehu since 1 May 2023.
Formal advice to the Minister of Conservation primarily related to the concessions
process for Mt Ruapehu from 1 May 2023 to 16 January 2024 is provided and
accompanies our response as Attachment 1. For further information please refer to
Table 1 - Schedule of documents.
2. Formal advice to the Director-General of Conservation primarily related to the
concession process for Mt Ruapehu from 1 May 2023 to 16 January 2024 is provided
and accompanies our response as At achment 2. For further information please refer
to Table 1 - Schedule of documents.
I have decided to release the relevant parts of the documents listed in the Schedule of
documents, subject to information being withheld under one or more of the following sections
of the OIA, as applicable:
• personal contact details of officials, under section 9(2)(a) – to protect the privacy of
natural persons, including deceased people,
• advice stil under consideration, section 9(2)(f)(iv) – to maintain the current
constitutional conventions protecting the confidentiality of advice tendered by
Ministers and officials,
• free and frank expression under section 9(2)(g)(i) – to maintain the effective conduct
of public affairs,
• Information which is subject to an obligation of confidence, under section 9(2)(ba)(i) –
to not prejudice the supply of similar information or information from the same source
• commercially sensitive information, under section 9(2)(i) - to enable a Minister of the
Crown or any department or organisation holding the information to carry out, without
prejudice or disadvantage, commercial activities, and
• confidential information, under section 9(2)(j) – to enable the Crown to negotiate
without disadvantage or prejudice.
In making my decision, I have considered the public interest considerations in section 9(1) of
the Official Information Act and determined there are no public interests that outweigh the
grounds for withholding.
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You are entitled to seek an investigation and review of my decision by writing to an
Ombudsman as provided by section 28(3) of the Of icial Information Act.
Please note that this letter (with your personal details removed) and attached documents)
may be published on the Department’s website.
Nāku noa, nā
Steve Brightwell
Principal Advisor – Policy and Regulatory Services
Department of Conservation
Te Papa Atawhai
Page 3 of 4
Table 1 - Schedule of documents
OIAD-3715 - Attachment 1 (Ruapehu Alpine Lifts Limited (RAL) formal advice to Minister)
Item
Date
Document description
Decision
1
12 May 2023
23-B-0210 – Briefing – Update on Released in part - Subject
RAL in voluntary administration
to sections 9(2)(a), Out of
Scope
2
6 June 2023
23-M-0072 - Memo - RAL -
Released in part - Subject
Ministers meeting
to sections 9(2)(a), 9(2)(i).
9(2)(g)(i), Out of Scope
3
16 June 2023
23-B-0269 - Memo - Update on iwi Released in part - Subject
consultation regarding potential
to sections 9(2)(a), Out of
transfer of RAL concessions
Scope
4
1 September 2023 RAL memo re Tuwharetoa
Released in part - Subject
withdrawal
to sections 9(2)(i), 9(2)(h)
Out of Scope
5
7 December 2023 23-B-0466 - Briefing - RAL and Mt Released in part – Subject
Ruapehu ski fields
to sections 9(2)(a), 9(2)(j),
9(2)(f)(iv), 9(2)(g)(i),
9(2)(ba)(i), Out of Scope
OIAD-3715 - Attachment 2 (Ruapehu Alpine Lifts Limited (RAL) formal advice to DOC
Director General)
Item
Date
Document description
Decision
1
30 June 2023
RE– RAL
Released in part - Subject
to section 9(2)(a)
2
28 August 2023
RAL - updated talking points for
Released in part - Subject
meeting with MBIE CE
to section 9(2)(a)
3
28 August 2023
D-DG talking points (updated 28.8) Released in part – Subject
to section 9(2)(h)
4
15 November 2023 ORS weekly update - fyi and for
Released in part - Subject
feedback on level of detail....
to section 9(2)(a),
9(2)(g)(i), Out of Scope
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